15 U.S.C. § 2075 — State standards

Page 1756 TITLE 15—COMMERCE AND TRADE § 2075 shall not relieve any person from liability at common law or under State statutory law to any other person. (b) Evidence of Commission’s inaction inadmis- sible in actions relating to consumer prod- ucts The failure of the Commission to take any ac- tion or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product. (c) Public information Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation re- port made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other re- lated activities shall be public information. (Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. PREEMPTION The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of pol- icy, executive branch statements, or other matter asso- ciated with the publication of any such rule or regula- tion, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2075. State standards (a) State compliance to Federal standards Whenever a consumer product safety standard under this chapter is in effect and applies to a risk of injury associated with a consumer prod- uct, no State or political subdivision of a State shall have any authority either to establish or to continue in effect any provision of a safety standard or regulation which prescribes any re- quirements as to the performance, composition, contents, design, finish, construction, pack- aging, or labeling of such product which are de- signed to deal with the same risk of injury asso- ciated with such consumer product, unless such requirements are identical to the requirements of the Federal standard. (b) Consumer product safety requirements which impose performance standards more strin- gent than Federal standards Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safe- ty requirement applicable to a consumer prod- uct for its own use which requirement is de- signed to protect against a risk of injury associ- ated with the product and which is not identical to the consumer product safety standard appli- cable to the product under this chapter if the Federal, State, or political subdivision require- ment provides a higher degree of protection from such risk of injury than the standard appli- cable under this chapter. (c) Exemptions Upon application of a State or political sub- division of a State, the Commission may by rule, after notice and opportunity for oral pres- entation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such applica- tion and which is designed to protect against a risk of injury associated with a consumer prod- uct subject to a consumer product safety stand- ard under this chapter if the State or political subdivision standard or regulation— (1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this chapter, and (2) does not unduly burden interstate com- merce. In determining the burden, if any, of a State or political subdivision standard or regulation on interstate commerce, the Commission shall con- sider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regula- tion, the geographic distribution of the con- sumer product to which the standard or regula- tion would apply, the probability of other States or political subdivisions applying for an exemp- tion under this subsection for a similar standard or regulation, and the need for a national, uni- form standard under this chapter for such con- sumer product. (Pub. L. 92–573, § 26, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94–284, § 17(d), May 11, 1976, 90 Stat. 514.) Editorial Notes AMENDMENTS 1976—Subsec. (b). Pub. L. 94–284 substituted provision that a standard provide a significantly higher degree of protection from the risk of injury for the provision that the standard impose a higher level of performance. Subsec. (c). Pub. L. 94–284 substituted requirement that a State standard provide a significantly higher de- gree of protection from the risk of injury than the standard under this chapter for the requirement that the State standard impose a higher level of perform- ance, eliminated the requirement of a compelling local condition, and inserted the requirement that the Com- mission make specific findings in determining the bur- den on interstate commerce. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. Page 1757 TITLE 15—COMMERCE AND TRADE § 2076 PREEMPTION The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of pol- icy, executive branch statements, or other matter asso- ciated with the publication of any such rule or regula- tion, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2076. Additional functions of Consumer Product Safety Commission (a) Authority to conduct hearings or other in- quiries The Commission may, by one or more of its members or by such agents or agency as it may designate, conduct any hearing or other inquiry necessary or appropriate to its functions any- where in the United States. A Commissioner who participates in such a hearing or other in- quiry shall not be disqualified solely by reason of such participation from subsequently partici- pating in a decision of the Commission in the same manner. The Commission shall publish no- tice of any proposed hearing in the Federal Reg- ister and shall afford a reasonable opportunity for interested persons to present relevant testi- mony and data. (b) Commission powers; orders The Commission shall also have the power— (1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe to carry out a specific regu- latory or enforcement function of the Commis- sion; and such submission shall be made with- in such reasonable period and under oath or otherwise as the Commission may determine; (2) to administer oaths; (3) to require by subpena the attendance and testimony of witnesses and the production of all documentary and physical evidence relat- ing to the execution of its duties; (4) in any proceeding or investigation to order testimony to be taken by deposition be- fore any person who is designated by the Com- mission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection; (5) to pay witnesses the same fees and mile- age as are paid in like circumstances in the courts of the United States; (6) to accept gifts and voluntary and uncom- pensated services, notwithstanding the provi- sions of section 1342 of title 31; (7) to— (A) initiate, prosecute, defend, or appeal (other than to the Supreme Court of the United States), through its own legal rep- resentative and in the name of the Commis- sion, any civil action if the Commission makes a written request to the Attorney General for representation in such civil ac- tion and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Com- mission in writing that the Attorney Gen- eral will represent the Commission in such civil action, and (B) initiate, prosecute, or appeal, through its own legal representative, with the con- currence of the Attorney General or through the Attorney General, any criminal action, for the purpose of enforcing the laws subject to its jurisdiction; (8) to lease buildings or parts of buildings in the District of Columbia, without regard to section 8141 of title 40, for the use of the Com- mission; (9) to delegate to the general counsel of the Commission the authority to issue subpoenas solely to Federal, State, or local government agencies for evidence described in paragraph (3); and (10) to delegate any of its functions or pow- ers, other than the power to issue subpenas under paragraph (3) (except as provided in paragraph (9)), to any officer or employee of the Commission. An order issued under paragraph (1) shall con- tain a complete statement of the reason the Commission requires the report or answers spec- ified in the order to carry out a specific regu- latory or enforcement function of the Commis- sion. Such an order shall be designed to place the least burden on the person subject to the order as is practicable taking into account the purpose for which the order was issued. (c) Noncompliance with subpena or Commission order; contempt Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission (subject to subsection (b)(7)) or by the Attorney General, in case of refusal to obey a subpena or order of the Commission issued under subsection (b) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a con- tempt thereof. (d) Disclosure of information No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. (e) Performance and technical data The Commission may by rule require any manufacturer of consumer products to provide to the Commission such performance and tech- nical data related to performance and safety as may be required to carry out the purposes of this chapter, and to give such notification of such performance and technical data at the time of original purchase to prospective purchasers and to the first purchaser of such product for purposes other than resale, as it determines nec- essary to carry out the purposes of this chapter. (f) Purchase of consumer products by Commis- sion For purposes of carrying out this chapter, the Commission may purchase any consumer prod-